Winthrop & Weinstine represents their clients in a full range of intellectual property litigation matters including patent, copyright, trademark, trade secret, and unfair competition cases, as well as matters involving cybersquatting and domain name disputes. Our attorneys work to understand the client’s business so that litigation strategy is aligned with the client’s business objectives and matters are handled effectively and cost-effectively.
Our attorneys know from decades of experience, how to evaluate the asserted patent, the accused product or process and the prior art, and develop a winning approach. Our attorneys have successfully tried patent cases to juries in courts around the nation. Our attorneys have handled patent infringement cases covering a wide array of technologies including computer hardware and software, communication networks, pharmaceuticals, nutritional supplements, medical devices, surgical equipment, chemical processes, business methods, construction safety devices, and snowmobile equipment.
Our attorneys think it is important to work with the client at the outset to identify exactly what is at stake in the case. Once the business risks and rewards are identified, our attorneys work with the client to develop a litigation team, strategy and budget that are appropriate to the needs of the case. Our attorneys collaborate with the client to develop a case theory that is coherent, consistent and persuasive to judge and jury. Our attorneys combine courtroom skills with a deep understanding of patent law and the technology at issue.
Our attorneys have brought and defended against numerous lawsuits involving allegations of trademark infringement. Our attorneys have developed a comprehensive body of experience and knowledge concerning the Lanham Act and related state statutes, including the Minnesota Deceptive Trade Practices Act, which can be quickly brought to bear in either prosecuting or defending against trademark infringement claims. Our attorneys assist clients in developing trademark strategies which involve coordinating trademark registration and litigation activities with the client’s business objectives so that trademark litigation, if necessary, effectively protects the client’s intellectual property while serving its business needs. Our attorneys also practice before the Trademark Trial & Appeal Board and have actual and extensive litigation experience in TTAB proceedings.
Our attorneys have represented clients as plaintiffs and defendants in many copyright infringement cases around the country. Our attorneys have litigated copyright cases involving musical compositions, sculptural works, architectural designs and examination questions. Our attorneys have been active in developing new theories to protect the copyrights of diverse clients such as home-builders and construction companies. Our attorneys have extensive experience using copyright and other legal tools to protect questions used in licensure and certification examinations, to maintain exam security and to stop exam subversion.
Trade Secret, Unfair Competition & Non-Compete Litigation
Our attorneys also prosecute and defend claims of trade secret misappropriation, unfair competition, and breach of non-compete or confidentiality agreements. We have frequently either obtained an injunction or successfully resisted the issuance of an injunction in these cases. Our attorneys have litigated these issues in the insurance, banking, securities, health care and financial services industries, and in the context of technologies including computer software, disk drives, medical devices, examination content, and paper products.